Contract Terms, Separation Agreement, Employer Liability Issues

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

Jackson Lewis P.C. on 8/8/2025

In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Three Key Considerations in Crafting Effective Multistate Separation Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

New Year, New Severance and Settlement Agreement Rules for New York

Polsinelli on 1/12/2024

With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

NLRB Takes Aim at Employee Separation Agreements

Parker Poe Adams & Bernstein LLP on 4/7/2023

Over the last several months, the National Labor Relations Board (NLRB) has taken a paring knife to employers’ ability to strategically use separation agreements with employees. On February 21, the NLRB reinstated its prior...more

NLRB Decision Limits Use of Non-Disparagement and Confidentiality Provisions

Harris Beach Murtha PLLC on 3/16/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision that returns to previous precedent, holding that employers may not offer employees severance agreements that require employees to...more

Speak no evil - NLRB nixes broad non-disparagement and confidentiality clauses in employee severance agreements

Eversheds Sutherland (US) LLP on 3/13/2023

It is hardly a secret that most employers routinely incorporate confidentiality and non-disparagement obligations in severance agreements for departing employees. On February 21, 2023, the National Labor Relations Board...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

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